Khan v Tomaszewski
Last updated: November 14, 2024
Order
Ordered by Ender Joseph,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Tenant
Ordered Amount
-
Dispute Categories
Notices Sent
Subsections of RTA Quoted
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Citation: Khan v Tomaszewski, 2024 ONLTB 63878
File Number: LTB-L-068034-23
Timeline
Hearing Date
Jun 2024
Order Date
Sep 3, 2024
Decision
Both the L1 and L2 applications were dismissed. The rent increase notice was found invalid, and there was insufficient evidence to prove substantial interference.
Dispute
Landlord applied to terminate tenancy and evict Tenants for non-payment of rent and alleged substantial interference through noise disturbances and improper parking.
Determinations
- N4 notice invalid due to improper rent increase notice
- No evidence of substantial noise interference
- No proof of damage to residential premises
- Tenant's meditation log contradicted noise allegations
Landlord's Arguments
Arguments
Tenants use residential unit inconsistently with residential premises
Actions and Evidence
Claimed tenants disturb office workers with music practice and video games
Procedural Errors
Invalid rent increase notice, unsubstantiated noise complaints
Considerations
Attempted retaliatory eviction after tenant's bylaw complaint
Tenant's Arguments
Arguments
Landlord failed to provide evidence of noise complaints, requested proof which was not provided
Actions and Evidence
Tenants complained to City Bylaw about unit issues, provided meditation log to counter noise allegations
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Financial Details
Rent Arrears
$88
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